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HomeMy WebLinkAboutMINUTES Town Board Study Session 2018-10-09 Town of Estes Park, Larimer County, Colorado October 9, 2018 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 9th day of October, 2018. Board: Mayor Jirsa, Mayor Pro Tem Walker, Trustees Bangs, Cenac, Martchink, Norris and Zornes Attending: All Also Attending: Town Administrator Lancaster, Assistant Town Administrator Machalek, Town Attorney White, Police Chief Kufeld, and Recording Secretary Beers Absent: None Mayor Jirsa called the meeting to order at 5:30 p.m. 2019 VISIT ESTES PARK OPERATING PLAN. Mayor Jirsa and Trustee Cenac met with two members of VEP on October 3, 2018 and discussed the operating plan, budget and strategic plan. The Board discussed the timeline for approving the operating plan which would require approval by December 5, 2018 and the ramifications if the Board does not meet this deadline. Board discussion followed and has been summarized: Concerns over the distribution of a different budget than was presented in the operating plan; discrepancies in the actuals; the operating plan is not clear and does not state the focus, and the need for an operating plan which meets the needs of both boards. The Board directed Mayor Jirsa and Trustee Cenac to share concerns with VEP regarding the operating plan revisions prior to the review at the November 27, 2018 Town Board meeting. NOISE ORDINANCE. Attorney White presented a memo dated October 7, 2017 which provided a history of the noise ordinance modeled off the state statue and decibel based. The noise ordinance was established to address neighborhood noise for properties adjacent to vacation homes. He stated the State of Colorado does not enforce noise ordinance violations in court utilizing decibel meters, deeming them not reliable instrument in measuring noise. He further stated municipalities have moved away from decibel-based readings to utilizing a common man noise ordinance as a method for determining unreasonable noise. The Town added an amplified music standard of 82 decibels to determine unreasonable noise for outdoor music. Chief Kufeld reviewed the process for issuing a citation for a noise violation which requires the reporting party to testify in court stating the noise was disrupting their quality of life. A reporting party has yet to agree to testify as such. He recommended removing the amplified music standard of 82 decibels and rely on the unreasonable standard. Additionally, he recommended an expansion of the unreasonable noise definition to include: any excessive or unusually loud sound/noise which disrupts the peace, quiet, health, comfort or repose of a reasonable person of normal sensitivities with an addition of intensity and duration of noise; or loud, unreasonable, unusual, penetrating or boisterous noise, disturbance or condition which annoys, disturbs or injures or endangers the comfort, repose, health, peace and quiet within Town limits. Town Attorney White recommended changing outdoor amplified music to outdoor amplified sound. He added violations can be considered during the renewal process for liquor licenses. Board discussion followed and has been summarized: Concerns regarding the ability to enforce the ordinance; the established allowance of amplified outdoor music based on a time parameter of 11:00 pm may need to be revised to an earlier time; and the benefits Town Board Study Session – October 9, 2018 – Page 2 of establishing a number of noise violations which the Board would address during the renewal for a liquor license. The Board requested staff change the noise ordinance by strengthen the sound language, removing the decibel reading under amplified music standard, change the language to read outdoor amplified sound, and review the compliance standards. TRUSTEE & ADMINSTRATOR COMMENTS & QUESTIONS. Mayor Jirsa received a recommendation from a local contractor requesting to meet with the Building division staff to discuss streamlining the permit process and simplify procedures. The Board directed staff to consult with the contractor and discuss process options. Town Administrator Lancaster requested Board feedback on the support of two initiatives on the November 6, 2018 ballot. After further discussion, the Board agreed to proceed with individual or multiple Board member support for each initiative rather than through a resolution of support by the Board as a whole. Additionally, in the future the Board would consider support for items which directly affect the Town. FUTURE STUDY SESSION AGENDA ITEMS. The Board agreed to schedule the Introduction to Water Rates Study Process for discussion at the December 11, 2018 study session. The Presentation of the Stanley Park Master Plan was scheduled for the January 8, 2019 study session. Social Media Archiving and the Stormwater Management Program and Utility – Results from Public Outreach discussions would be held at the January 22, 2019 study session. The Street Improvement Plan was scheduled for the February 12, 2019 study session. There being no further business, Mayor Jirsa adjourned the meeting at 6:50 p.m. Bunny Victoria Beers, Recording Secretary